Central Information Commission
Mrsatyawan Gaur vs Ministry Of Home Affairs on 1 February, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi110067
Decision No. CIC/VS/A/2014/002936/SB
Dated 01.02.2016
Appellant : Shri Satyawan Gaur,
SIW BSF, Tigri Camp,
M.B. Road,
New Delhi110 062.
Respondent : Central Public Information Officer
Directorate General B.S.F.
Special Instruments Workshop,
Tigri Camp, M.P. Road.,
New Delhi110 062.
Date of Hearing : 01.02.2016
Relevant dates emerging from the appeal:
RTI application filed on : 09.04.2014
CPIO's reply : 28.05.2014 (after first appeal)
First Appeal filed on : 22.05.2014
FAA's Order : 15.07.2014
Second appeal filed on : 25.09.2014
ORDER
1. Shri Satyawan Gaur filed an application dated 09.04.2014 under the Right to Information Act, 2005 before the Central Public Information Officer (CPIO), Border Security Force (BSF) seeking information on seven points including (i) instructions issued by BSF headquarters as well as Instructions/O.M. etc. of Govt. of India whereupon the appellant was made an accused for sending an advance copy to Rajya Sabha Secretariat for deputation after submitting the original application to the DIG, Special Instruments Workshop (SIW), BSF, (ii) copy of office order of assignment of responsibilities to appellant after joining Company Commander (Tactical) (CC(TAC)) course during April, 2013. 2 The appellant filed a second appeal dated 25.09.2014 before the Commission on the ground that information has been wrongly denied taking shelter under Section 24 of the RTI Act, 2005 as the matter is of innocuous nature where sovereignty, integrity and security of the country are not involved.
Hearing:
3. The appellant Shri Satyawan Gaur was not present despite notice. The respondent Shri Rajinder Pal, Inspector, BSF was present in person.
4. The respondent submitted that as per Section 24(1) of the RTI Act, BSF is exempted from the purview of the RTI Act, except when the information pertains to allegations of corruption and human rights violations. The respondent further submitted that the appellant was informed that his pay was fixed as per CCS, Pay (Revised) Rule, 2008 vide order dated 24.12.2014.
Decision:
5. The Commission finds no grounds to interfere with the order of the FAA dated 15.07.2014.
6. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy.
(V.K. Sharma) Designated Officer